Legal Tablet Signatures: Validity and Best Practices

Yes, a signature placed on a tablet can have full legal value, provided it meets specific technological and regulatory requirements. In the UK, and more generally across the European Union, the primary reference is the eIDAS Regulation (electronic IDentification, Authentication and trust Services), which classifies electronic signatures into different types, each with a different level of validity.

A signature on a tablet typically falls into the category of an Advanced Electronic Signature (AES), especially when referring to "biometric signatures". To be considered an AES, it must ensure a unique link to the signatory, their identification, exclusive control by the signatory, and the non-alteration of the document after signing. This means that a simple "scribble" on the screen is not enough: robust systems are needed that capture biometric data (pressure, speed, stylus inclination) and secure the signed document.

Digitising processes that previously required pen and paper, such as retaining Documents for short-term rental property managers, is one of the main motivations for adopting these advanced technologies. It is essential to choose solutions that guarantee maximum security and compliance, turning efficiency into a competitive advantage without compromising legal validity.

Many businesses and professionals still find themselves dealing with stacks of paper documents, with slow and cumbersome signing processes. The need to print, physically sign, scan, and archive is a considerable waste of time, resources, and paper. Furthermore, managing these paper documents carries risks of loss or damage, making their retrieval and proof of authenticity difficult in the event of a dispute.

At the same time, the widespread use of devices such as smartphones and tablets has led many to seek more modern and agile solutions. However, the lack of clarity on the legal value of a "homemade" or superficial digital signature has created uncertainty. There's a risk of adopting processes that, while appearing innovative, do not guarantee the full evidentiary validity of the document, exposing the company to legal risks and disputes.

To overcome uncertainties and adopt a tablet-based signature system with full legal validity, the solution is graphometric signature, a type of Advanced Electronic Signature (AES). This system doesn't just record the image of the signature; it captures biometric data of the signatory (pressure, speed, rhythm, time, and acceleration of the pen's movement). This data, unique to each individual, is then encrypted and sealed within the digital document.

The graphometric signature process typically follows these steps:

1. Signatory Identification: Before signing, the signatory's identity is verified, for example, via an ID document, to uniquely link the signature to the person.
2. Biometric Acquisition: The signatory signs on a tablet equipped with appropriate hardware and software. The device captures the biometric data of the writing.
3. Encryption and Sealing: The biometric data, along with the signature image and the document itself, is encrypted so that only the signatory has exclusive control over the signature. A qualified electronic seal is also applied, guaranteeing the integrity of the document after signing.
4. Unique Association: The signature is inextricably linked to the document, making it impossible to subsequently modify it without the alteration being detected.

In the event of a dispute, this biometric data allows a handwriting expert to verify the authenticity of a signature, just as they would with a paper signature. It is this combination of technological and regulatory elements that gives graphometric signature AES value and makes it legally valid. A practical example of the application of these technologies is seen in the digital management of a Lease agreement online, where every step, from completion to signing, is digitalised for efficiency and security.

Adopting tablet signatures without due precautions can lead to legal and operational problems. Here are the most common mistakes to avoid:

• Thinking a simple "signature on screen" is enough: A signature traced with a finger or a generic pen on a tablet, without specific software and hardware for biometric detection and encryption, has no legal value as an Advanced Electronic Signature (AdES) and will rarely suffice in case of a legal dispute.
• Failing to correctly identify the signatory: The validity of an AdES depends on the unique identification of the signatory. If there isn't a clear procedure to ascertain the signatory's identity at the time of signing, the legal value of the signature can be compromised.
• Not ensuring document integrity: The software must ensure that the document cannot be altered after signing. The absence of a robust digital seal exposes the document to possible alterations, invalidating the signature.
• Ignoring compliant digital preservation: Digitally signed documents must also be preserved in accordance with the law. Simply saving them to a computer is not enough; a compliant long-term digital preservation solution is required to guarantee authenticity, integrity, reliability, readability, and retrievability over time.
• Using non-compliant solutions: Relying on uncertified providers or software that does not comply with eIDAS regulations and AGID (Agenzia per l'Italia Digitale) exposes the company to significant risks. It is crucial to choose technology partners that guarantee full compliance.

Whilst signing on tablets (tablet-based electronic signatures) offers significant advantages, it's important to be aware of some specific points. Not all types of documents can be signed with tablet-based electronic signatures in all contexts. For example, for public deeds or documents that require signing in front of a public official, more stringent forms of electronic signature, such as Qualified Electronic Signatures (QES), may be necessary. Furthermore, inadequate implementation or choosing an unreliable provider can compromise the evidential value. It's crucial to opt for certified and transparent solutions regarding identification procedures and the association of the signature with the document.

The world of electronic signatures is vast, offering solutions for a multitude of needs. If you're interested in learning more about how digitalisation can impact specific commercial agreements or collaborations, we invite you to read our article on how to draft and sign a Business Broker Agreement: Template and Signature. There are various types of contracts, and for each one, choosing the correct electronic signature method can make all the difference in terms of efficiency and legal validity.

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